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Resolved, By the Senate of the State of Illinois, the House of Representatives concurring therein, That we, representing the people of the State of Illinois, do hereby accept said trophies, souvenirs and mementoes as set forth in the exhibit hereto attached and tendered to us by Mrs. John A. Logan, widow of the late John A. Logan, and be it further
Resolved, That we accept them upon the conditions named by her, namely: That the State of Illinois provide a suitable memorial room adjoining Memorial hall in the Capitol building or State arsenal and assume and undertake from now and henceforth to properly care for said trophies, souvenirs and mementoes in a suitable manner and to maintain them as an exhibit in connection with Memorial hall in the Capitol building.
Be it further Resolved, That we hereby in behalf of the People of the State of Illinois tender to Mrs. John A. Logan, the beloved widow of General John A. Logan, the heartfelt thanks of the people of the State of Illinois for the patriotic sentiment that prompted her to remember the State of Illinois, and for presenting to the people of this State this splendid gift which will become a part of the history of the State of Illinois, and assure her of our continued love and respect for the memory of her deceased husband, General John A. Logan, and our continued admiration for his life and character and our very high appreciation of his services to Illinois and the country, and we accept these trophies, souvenirs and mementoes as a memorial and believe that they will continue to be a reminder to the people and an inspiration to coming generations, to pattern after the life of him whose memory they commemorate.
Adopted by the Senate March 13, 1907.
MAJOR JOSEPH W. WHAM.
(House Joint Resolution No. 13.) WHEREAS, A bill was unanimously passed by the Fifty-fifth Congress, and approved by the sainted McKinley, to right a great wrong done to Major Joseph W. Wham, United States Army; and,
WHEREAS, The provisions of the bill have never been executed; now therefore, be it
Resolved, by the House of Representatives, State of Illinois, the Senate concurring, That President Roosevelt and Congress are hereby requested to right this axiomatic injustice to this gallant old soldier of thirty-two battles for the Great Republic. A soldier who was repeatedly recommended by corps and division commanders for the medal of honor for gallantry in battle and who was honored by his old regimental commander, Grant, in the very last hour of his administration with the appointment of paying master in the regular army; who, on motion of Senator Logan, had a very unusual compliment of confirmation by the Senate without reference to the Military committee; and whose accounts, after the disbursement of sixteen millions of dollars, balanced-not a penny either way; and be it further
Resolved, that the Secretary of State is hereby instructed to forward a copy of these resolutions to the President, to the Vice President, to the Speaker of the House, to the Chairman of the Military Committee of the Senate and of the House, and to the Senators and members of Congress from Illinois.
Adopted by the House February 14, 1907.
NORTHERN INSANE HOSPITAL-SALE OF SAND AND GRAVEL.
(Senate Joint Resolution No. 15.) WHEREAS, Much of the surface of the hospital farm of the Illinois Northern Hospital for the Insane is worthless for farming purposes on account of the prevalence of sand and gravel; and,
WHEREAS, Said sand and gravel has a commercial value; therefore, be it
Resolved by the Senate, the House of Representatives concurring therein, that the trustees of the said Illinois Northern Hospital for the Insane are hereby authorized to sell sand and gravel from said hospital farm in such amounts and at such prices as they may deem advisable.
Provided, however, that no sand or gravel shall be removed from any part of said hospital farm or in such a manner as will result in injury to the foundations of existing buildings, or that would impair the value of any land available for farming purposes; and,
Provided, further, that all moneys obtained from the sale of sand or gravel shall be added to the “fund for repairs and improvements" of said institution and that an account of the moneys so received and expended through said "fund for repairs and improvements" be made a part of the regular report of said institution.
Adopted by the Senate May 9, 1907.
(House Joint Resolution No. 16.) WHEREAS, The limited time at the disposal of the present session of the General Assembly is insufficient to take up, much less carefully consider the important subject of occupational diseases and diseases peculiar to the employment of persons in mercantile establishments, factories, mills, workshops, mining, railroading, electrical generating and construction; and,
WHEREAS, The health and safety of the vast army of employés in such establishments is of the most vital importance to the general security and prosperity of the commonwealth; and,
WKEREAS, It is well known that sickness, due to unwholesome conditions, is one of the chief causes of extreme poverty and distress, of the interruption of the use of costly machinery and other capital, of the destruction of the lives of men whose energies in health are a source of wealth to the nation and the support of dependent families, and thus become the occasion of immeasureable moral misery in the dread of apprehended trouble and the sorrow of actual bereavement; and,
WHEREAS, It is known that very much of disease may be prevented or diminished by suitable means and coöperation of an enlightened public; and,
WHEREAS, It is universally recognized as the moral duty of every civilized state to secure and publish information of vital importance to all citizens to promote safety and health, and to foster and regulate insurance against loss of income by accident and disease; therefore, be it
Resolved, by the House of Representatives, the Senate concurring herein, That the Governor is hereby authorized and requested to appoint a commission of nine members, to be composed of the State Factory Inspector, the secretary of the Bureau of Labor Statistics, the president and secretary of the State Board of Health, two reputable physicians and three other representative citizens of the State, who shall serve without remuneration, and whose duties shall be to thoroughly investigate causes and conditions relating to diseases in occupations, and to report to the Governor the draft of any desirable bill or bills, designed to meet the purposes announced in this resolution, for consideration and action by the members of the Forty-sixth General Assembly.
Adopted by the House March 12, 1907.
RIVERS AND HARBORS BILL IN CONGRESS.
(House Joint Resolution No. 7.) WHEREAS, The rivers and harbors bill, as prepared by Chairman Theodore E. Burton, gives nineteen million six hundred and twenty-five thousand dol.
lars to plans for improvement of the Great Lakes, one million one hundred thousand dollars to the harbor of Cleveland, four million dollars to the Ohio river,
WHEREAS, The rivers and harbors bill, as prepared by Chairman Burton, recommends only two hundred and fifty thousand dollars a year for the Mississippi river between St. Louis and Cairo, instead of six hundred and fifty thousand dollars a year, which has been the appropriation hitherto, by which small appropriation Chairman Burton abandons the plan of permanent im. provement of that part of the Mississippi river which has been carried on by the Government since 1881, and so discourages navigation; and,
WHEREAS, The rivers and harbors bill, as prepared by Chairman Burton recommends an appropriation of one million dollars for the upper Mississippi from St. Louis to St. Paul, which appropriation is entirely inadequate to carry out the plan of a six-foot channel; and
WHEREAS, The rivers and harbors bill, as prepared by Chairman Burton, recommends no appropriation at all for beginning work on the deep water way from the lakes to the gulf, part of which deep water way has been already surveyed by the United States Engineer and declared feasible, and which, if the Missouri river and the upper Mississippi river were entirely improved, would completely relieve the freight congestion and regulate railway rates. throughout every state of the Mississippi valley, and in which almost one-half of the area of the United States comprising the great Central valley thereof is vitally interested, opening up as it will the greatest internal water-ways of the world to the markets thereof, and in which the people of the State of Illinois are especially interested; be it
Resolved, by the House of Representatives, the Senate concurring herein, That the rivers and harbors bill, as prepared by Chairman Theodore E. Burton is a distribution of public money unfair to the forty million of people of the Mississippi valley;
Resolved, That we request the representatives of the State of Illinois in the United States House of Representatives to introduce, vote and work for:
First-An amendment increasing the appropriation for the Mississippi river between St. Louis and Cairo to one million dollars a year.
Second-An amendment making an appropriation for beginning the work on the Lakes-to-the-Gulf deep waterway.
Third-An amendment increasing the appropriation for the Mississippi river between St. Louis and St. Paul to two million dollars a year.
Resolved, That a copy of this joint and concurrent resolution be telegraphed by the Secretary of State to Chairman Theodore E. Burton and to the members of the United States House of Representatives from Illinois. And in case said amendments and appropriations as above set forth are not contained in the rivers and harbors bill when it passes the House of Representatives, then that a copy of this joint and concurrent resolution be telegraphed by the Secretary of State to the two United States Senators from Illinois to offer an amendment to said bill when it reaches the Senate of the United States, amending the same in accordance with the above provisions.
Adopted by the House January 29, 1907.
SOLDIERS' ORPHANS' HOME—CONVEYANCE OF LAND.
(House Joint Resolution No. 24.) Be it Resolved, by the House of Representatives, the Senate concurring, That the board of trustees of the Soldiers' Orphans' Home, located at Normal, Illinois, is hereby authorized and empowered to convey by a quit claim deed at private sale all the right, title and interest of said home and the people of the State of Illinois in and to lots two (2) and three (3) in block thirty-seven (37) of Casseday's addition to Joliet, for the sum of not less than $300.00. Adopted by the House March 27, 1907. Concurred in by the Senate April 24, 1907.
SUITS ON BONDS OF STATE TREASURERS AND STATE AUDITORS.
(Seuate Joint Resolution No. 16.) WHEREAS, In the year 1905 it came to the attention of the Governor of Illi. nois that it had been the custom for the various State Treasurers and State Auditors from the year 1872 to 1904-a period of thirty-two years--to retain certain moneys collected from various municipalities in this State, and known as moneys levied and collected from said municipalities for the purpose of defraying the ordinary costs and expenses to the State of collecting and disbursing what is known as the registered bond fund; and,
WHEREAS, The Governor, not considering himself sufficiently advised in the premises, referred the matter to his legal adviser, the Attorney General, for his opinion thereon, and that officer advised the Governor that the State Treasurers and State Auditors in question had no strict legal rights to retain said moneys; and,
WHEREAS, Thereupon suit was instituted upon the bond of one of said State Treasurers, and prosecuted to judgment, which judgment was on appeal affirmed by the Supreme Court of the State, deciding that said Treasurers and Auditors did not have the legal right to retain said moneys; and,
WHEREAS, It is probable that in consequence of said decision, suits will be instituted against all of said treasurers, and auditors, and their respective bondsmen; and,
WHEREAS, The Governor and the Attorney General are powerless in the premises except to carry such proceedings through to final judgment and collection if once undertaken; and,
WHEREAS, One of the oldest of the bonds in question is the bond of Charles Lippincott, State Auditor from 1873 to 1877, who has long since departed this life, leaving then surviving him Jacob Bunn and William Jayne, his bondsmen, of whom Jacob Bunn has long since died; and,
WHEREAS, The estate of the said Charles Lippincott, at the time of his retirement from said office in 1875 (1877), was worth at least fifty thousand dollars, but at the time of his death and ever since, was of no value; and,
WHEREAS, The said bondsman, Jacob Bunn, at the time of said Lippincott's retirement from said office was possessed of property to the amount of at least one million dollars, but which, at the time of his death and ever since was of no value, he having incurred indebtedness to such an extent that he was adjudged a bankrupt under the laws of the United States; and,
WHEREAS, The said William Jayne had no knowledge of the retention of said moneys by the said Lippincott, Auditor, or of the illegality of such retention, and hence could not demand payment thereof to the State, or to anyone for it, or to the bondsmen, or take any steps to protect himself during the life time and solvency of said Lippincott, and remained equally ignorant of his liability on said bond until long after the death of Mr. Bunn, his fellow surety, and so could not in any way compel contribution by said Bunn during his life time and solvency; and,
WHEREAS, Through such want of knowledge as to the illegality of said custom and without fault or blame on his part, the said William Jayne, who is now more than 85 years of age, cannot protect himself in the least by causing said Lippincott and said Bunn or either of them, or their descendants or estates to contribute to, or share with him in the payment of the amount due on said bond, covering said two years, being the sum of twenty thousand dollars, but must in spite of his advanced age, feeble health and diminished fortune, after the lapse of thirty-five years from the time of the execution of said bond. bear the whole loss alone; and,
WHEREAS, This unfortunate condition is largely, if not entirely, due to the fact that the State—with full knowledge that said money, without any concealment, was openly claimed and retained by said Lippincott as justly and legally his,-never questioned or challenged in any way his right to retain said moneys, but on the contrary, that officials of the State, executive and legislative, apparently approved thereof; and,
WHEREAS, Said William Jayne was thus, by the conduct of the State, misled into the belief that no liability accrued, or attached to any bondsman on account of the custom of retaining said moneys, and in this way on account of the silence, inaction and apparent acquiescence of the State through its officers became surety on six other of such bonds, which he would not have done but for such silence, inaction and acquiescence, thus increasing his probable liability on account of such bonds to forty thousand dollars, a sum greater than his entire estate at this time; and,
WHEREAS, The instance given is typical of many, if not most, of the other cases involved in these bonds, most of the officers who followed the established custom and retained these moneys having long since passed away, leaving little or no property, or leaving property to descendants who have lost it, thus throwing the burden on innocent parties who would not have assumed the obligation in the bonds if the State had challenged the legality of said custom; and,
WHEREAS, In every instance the State Treasurer and State Auditor made no concealment of the retention of said moneys, but on the contrary transacted all of said business openly and publicly, keeping vouchers fully and clearly covering said matters always open for the inspection of any one interested, and in the firm belief they were acting lawfully, and clearly would have abandoned the said custom if at any time the State had made objection thereto as it now does; and,
WHEREAS, Great injustice, and much hardship will result to many good and law-abiding citizens if further suits are instituted in said matter; and,
WHEREAS, The Supreme Court has now spoken in the matter and notified all concerned as to what the law is in the premises so that there will be no misunderstanding on the subject for the future; therefore, be it
Resolved, by the Senate, the House of Representatives concurring herein, That the institution of further suits on the bonds of State Treasurers, State Auditors, or their bondsmen would bring about a very harsh and morally un. just result which, under all the circumstances, could not reasonably have been foreseen, falling most heavily on parties entirely innocent, and while the General Assembly has no constitutional power to release or extinguish in whole or in part the indebtedness, liability or obligation of any corporation or individual to this State, yet it should express itself against enforcing the collection of a technical indebtedness when it would work moral injustice and irreparable hardship; and, therefore, be it further
Resolved, That in view of the suffering and hardship to innocent parties which would result from further litigation for the recovery of moneys retained in pursuance of said custom by State Treasurers and Auditors, it is the opinion, and it is the sense, of the General Assembly that all further prosecution of suits for the collection or recovery of such moneys be abandoned; and, be it further
Resolved, That such course of action be, and the same is hereby, respectfully recommended by the General Assembly to the officers of the executive department of the State government.
Adopted by the Senate May 8, 1907.
URBANA AND CHAMPAIGN RAILWAY, GAS AND ELECTRIC COMPANY.
(House Joint Resolution No. 30.) Resolved, by the House of Representatives, the Senate concurring therein, That permission and authority are hereby granted to the Urbana and Champaign Railway, Gas and Electric Company, for itself, its successors and assigns, to enter in, along, upon and across the grounds now occupied by the University of Illinois, for the purpose of constructing a single track railway, the same to be constructed and operated upon a strip of land twenty-five feet wide extending from the east line of the property now occupied by the said University of Illinois to the west line thereof, and being more particularly